An air carrier DC9 was assigned a heading of 355 degrees to intercept the sav transition on a mccoy ...

Attributes
ACN	360766
Time
Date	199702
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : crg
State Reference	FL
Altitude	msl bound lower : 19000 msl bound upper : 19000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx
Operator	common carrier : air carrier
Make Model Name	DC-9 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude cruise other other
Route In Use	enroute : on vectors enroute airway : zjx
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : commercial pilot : cfi pilot : atp pilot : instrument
Experience	flight time last 90 days : 230 flight time total : 14000 flight time type : 4000
ASRS Report	360766
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	airspace violation : entry inflight encounter : weather non adherence : clearance other anomaly other other spatial deviation
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : declared emergency flight crew : exited adverse environment flight crew : returned to intended course or assigned course other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

At approximately XA20Z on feb/xx/97, while level at FL190, I exercised my command authority/authorized and refused an ATC clearance in the best interest of my passenger, crew, aircraft and personal safety. While flying the mccoy 4 departure from orl airport, ATC stopped our climb at FL190 and assigned us a heading (335 degrees as I recall) to intercept the sav transition. A short time later we observed on our WX radar some cells that would require deviating around and advised ATC that we would like a slight deviation to the west for WX. ATC responded that he was unable due to traffic. We then advised him that we needed the deviation within 10 mi. ATC did not respond to this transmission. We maintained our heading as long as possible while attempting to contact ATC concerning our need for a deviation, but were unable to contact center until west deviation was initiated, due to frequency congestion. When finally able to contact center, I advised that we were towards the west to avoid WX. Center responded with unable west deviation, turn right to heading 020 degrees. We were unable to comply with this due to our proximity to the WX and advised ATC we were unable right turn, but could accept a left turn to 020 degrees. ATC responded unable any west deviation due to active restr airspace to our left. We told ATC we were unable any turn to the right due to WX. ATC then stated that I was refusing an ATC clearance and to squawk emergency. We did this, while deviating west around the closest cell and advised ATC when we could turn back towards the east and requested return to our normal squawk. ATC approved. Remainder of flight uneventful. I feel the situation could have been avoided had ATC advised, after our initial request, that any deviation west would not be permitted but east would be ok. This would have permitted the turn to be accomplished without penetrating or getting dangerously close to the cell.

Original NASA ASRS Text

Title: AN ACR DC9 WAS ASSIGNED A HDG OF 355 DEGS TO INTERCEPT THE SAV TRANSITION ON A MCCOY 4 DEP OFF MCO. THE CAPT RPTR REFUSED CLRNC DUE TO WX ON HIS RADAR AND ASKED FOR A W DEV. THE CTLR SAID UNABLE DUE TO A HOT RESTR AREA, BUT CAPT EXERCISED HIS COMMAND AUTH AND TURNED W ANYWAY. ACFT WAS TOLD TO SQUAWK EMER. ACFT RETURNED TO NORMAL RTE WHEN CLR OF WX.

Narrative: AT APPROX XA20Z ON FEB/XX/97, WHILE LEVEL AT FL190, I EXERCISED MY COMMAND AUTH AND REFUSED AN ATC CLRNC IN THE BEST INTEREST OF MY PAX, CREW, ACFT AND PERSONAL SAFETY. WHILE FLYING THE MCCOY 4 DEP FROM ORL ARPT, ATC STOPPED OUR CLB AT FL190 AND ASSIGNED US A HDG (335 DEGS AS I RECALL) TO INTERCEPT THE SAV TRANSITION. A SHORT TIME LATER WE OBSERVED ON OUR WX RADAR SOME CELLS THAT WOULD REQUIRE DEVIATING AROUND AND ADVISED ATC THAT WE WOULD LIKE A SLIGHT DEV TO THE W FOR WX. ATC RESPONDED THAT HE WAS UNABLE DUE TO TFC. WE THEN ADVISED HIM THAT WE NEEDED THE DEV WITHIN 10 MI. ATC DID NOT RESPOND TO THIS XMISSION. WE MAINTAINED OUR HDG AS LONG AS POSSIBLE WHILE ATTEMPTING TO CONTACT ATC CONCERNING OUR NEED FOR A DEV, BUT WERE UNABLE TO CONTACT CTR UNTIL W DEV WAS INITIATED, DUE TO FREQ CONGESTION. WHEN FINALLY ABLE TO CONTACT CTR, I ADVISED THAT WE WERE TOWARDS THE W TO AVOID WX. CTR RESPONDED WITH UNABLE W DEV, TURN R TO HDG 020 DEGS. WE WERE UNABLE TO COMPLY WITH THIS DUE TO OUR PROX TO THE WX AND ADVISED ATC WE WERE UNABLE R TURN, BUT COULD ACCEPT A L TURN TO 020 DEGS. ATC RESPONDED UNABLE ANY W DEV DUE TO ACTIVE RESTR AIRSPACE TO OUR L. WE TOLD ATC WE WERE UNABLE ANY TURN TO THE R DUE TO WX. ATC THEN STATED THAT I WAS REFUSING AN ATC CLRNC AND TO SQUAWK EMER. WE DID THIS, WHILE DEVIATING W AROUND THE CLOSEST CELL AND ADVISED ATC WHEN WE COULD TURN BACK TOWARDS THE E AND REQUESTED RETURN TO OUR NORMAL SQUAWK. ATC APPROVED. REMAINDER OF FLT UNEVENTFUL. I FEEL THE SIT COULD HAVE BEEN AVOIDED HAD ATC ADVISED, AFTER OUR INITIAL REQUEST, THAT ANY DEV W WOULD NOT BE PERMITTED BUT E WOULD BE OK. THIS WOULD HAVE PERMITTED THE TURN TO BE ACCOMPLISHED WITHOUT PENETRATING OR GETTING DANGEROUSLY CLOSE TO THE CELL.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.